DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-YNSR, USN
Docket No. ND00-00671

Applicant’s Request

The application for discharge review, received 000428, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001121.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. To whom it may concern: I M_____ H___ am a former Navy Veteran, who was discharged from Active Duty because of positive drug test on several urinalysis that were taken.  I admit I had a problem in the past. but God has changed my life.  It has been six years, since I have used any drugs or alcohol.  I realized that drugs do not solve your problems, it only makes them worst.  I have a beautiful wife and four wonderful children who play a significant part of my everyday life.  I am a Active Deacon of New Beginning Christian Church, In which through the Gospel of Jesus Christ, I see lives of all races, and colors being transformed.  I want to take the time out, and thank the United States Navy, for the training and education that was provided for me while I was on Active Duty.  This not only gave me the discipline I need, but also the training.  Through the power of God I &now can enjoy a peace of mind, that does not come through the abundance of things you posses, nor does It come through drugs.  I know that God is real, because I tried to stop smoking Marijuana numerous of times but failed.  As a part of the New Beginning Christian Church, In which this was truly a new beginning for me. play a vital role in the feeding the homeless, visiting people that are sick, and assisting in the preaching the Gospel to the poor and people who feel like there is no hope.  I am a full time employee at Ceco Door Products, where I operate one of the top machines in the Manufacturing of Steel Door Frames.  I M___ H___, apologize to the Unites States Navy and respectfully request a change of my discharge to an Honorable Discharge.

Documentation

In addition to the service record, a partial discharge package, the following additional documentation, submitted by the applicant, was considered:

None

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			None
	Inactive: USNR 		870929 - 880106	COG

Period of Service Under Review:

Date of Enlistment:  880107		Date of Discharge:  900504

Length of Service (years, months, days):

	Active:    02  03  28
	Inactive:  00  03  07

Age at Entry:  20			Years Contracted:  8 

Education Level:  12			AFQT:  32

Highest Rate:  YNSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.26 (3)	Behavior:  2.75 (4)		OTA:  3.13

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR 

Days of Unauthorized Absence:  None 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

880107:	Ordered to active duty for 36 months under the Active Mariner Program.

880311:	DAAR indicates applicant tested positive for marijuana as a result of a service directed urinalysis.  Commanding Officer issued a written warning.

890919:	NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive of THC.

891012:	NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive of THC.

891019:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
	Award:  Forfeiture of $150.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

891109:	DAAR indicates applicant tested positive for marijuana as a result of a random urinalysis test.

900109:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP of 891019, violation of the UCMJ, Article 112a (Wrongful use of a controlled substance).

900110:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

900221:	NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive of THC.

900312:	NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive of THC.

900312:	Medical evaluation for drug abuse found the applicant to be a alcohol and drug abuser.

900330:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
	Award:  Confinement to Bread & Water for 3 days, forfeiture of $362.00 per month for 2 months.  No indication of appeal in the record.

Discharge package missing from record.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900504 under other than honorable conditions for misconduct due to drug abuse (use) (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The NDRB considered the applicant’s statement/issue.  The applicant failed to provide post service documentation to support his issue.  Particularly, urinalysis reports demonstrating his abstinence from illegal substance abuse, documentation to support his community involvement, police reports and background checks, character references, employment verification.  The NDRB found the applicant’s discharge was proper and equitable.  The NDRB may consider post service conduct in deliberation, but the applicant failed to provide any supporting documentation.  Relief is not warranted.

The applicant is eligible for a personal appearance hearing before the NDRB until 15 years after the date of discharge.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.af.mil".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023